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Sublet CA: Tenant/cotenant subject to same landlord/tenant laws?

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plaw

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? CA
i rented a room (in an apt) sublet by the current tenant. terms is month-to-month. and i have paid one month of security deposit.
now i am moving out after 2 months because she is raising the rent and i disagreed with the raise. so,
does tenant/cotenant relationship subjected to the same landlord/tenant laws?
1) does she have the rights to raise my rent? she claims that because the landlord raised the rent but fails to provide any proof of such.
2) does she have the rights to ask me out because i disagree with the rent increase?
3) does she have the rightss to withhold my deposit?

really appreciate any advise or if anyone can point me to any information about the rights of tenant/cotenant.

thanks,
Pat
 


justalayman

Senior Member
The person you are renting from is your LL. The two of you have to abide by the same laws as your LL and his/her LL.

Google up: California landlord tenant laws

As far as your questions:


1) does she have the rights to raise my rent? she claims that because the landlord raised the rent but fails to provide any proof of such.
yes, as long as she abides by the Cali LL/T laws

2) does she have the rights to ask me out because i disagree with the rent increase?
Yes, as long as she abides by the LL/T laws

3) does she have the rightss to withhold my deposit?
Yes, as long as she abides by the LL/t laws
 

plaw

Junior Member
yes, i have been reading the ca tenant/landlord rights and just wasn't clear if she is a LL because she is not the owner of the property. if we are abide to the same LL/T laws, then i am more confident about my position. she is making a couple of requests which i believe are illegal under the LL/T laws.

1) she wants me to restore the original condition of the room 2 weeks BEFORE i move out so that she can show the room to other people who may rent it. she wants me to move back the furnitures she had in there. she said i am legally responsible to cooperate with her.

2) i received the 30-day notice to move out at the end of last month. and i have paid the rent for this month. i told her i was planning to move out the first week of this month anyway because i found another place. but now, because of some other complications, i cannot move out yet. she is making me liable for any loss she suffers ($300 in rent she could have make if she rent the room out) because i failed to move out after the 1st week of this month. but I PAID RENT FOR THIS MONTH! i am legally entitled to stay until the end of the month correct? HOW can i be liable for the additional $300 profit she could have made ?! :mad:

i think that she is trying to take advantage of me thinking that i have no power to fight back because i have always been soft spoken and quiet. but she has pushed my button now. :mad:

Pat
 

HomeGuru

Senior Member
plaw said:
yes, i have been reading the ca tenant/landlord rights and just wasn't clear if she is a LL because she is not the owner of the property. if we are abide to the same LL/T laws, then i am more confident about my position. she is making a couple of requests which i believe are illegal under the LL/T laws.

1) she wants me to restore the original condition of the room 2 weeks BEFORE i move out so that she can show the room to other people who may rent it. she wants me to move back the furnitures she had in there. she said i am legally responsible to cooperate with her.


**A: she's an idiot.
*******
2) i received the 30-day notice to move out at the end of last month. and i have paid the rent for this month. i told her i was planning to move out the first week of this month anyway because i found another place. but now, because of some other complications, i cannot move out yet. she is making me liable for any loss she suffers ($300 in rent she could have make if she rent the room out) because i failed to move out after the 1st week of this month. but I PAID RENT FOR THIS MONTH! i am legally entitled to stay until the end of the month correct? HOW can i be liable for the additional $300 profit she could have made ?! :mad:


**A: see my comment above.
****
i think that she is trying to take advantage of me thinking that i have no power to fight back because i have always been soft spoken and quiet. but she has pushed my button now. :mad:

Pat

**A: you are right so fight back.
 

plaw

Junior Member
what if the sublease itself is illegal?

i just found out today that she is not allowed to sublease any part of her apartment unit out. so what can i do to threaten her to give me back my entire deposit?
 

Who's Liable?

Senior Member
You can thraten to notify her LL that she is subleasing and therefore be in violation of her lease with the LL and be subject to eviction hereself.

If she wants to be a LL, she needs to act as a LL... Showing the room is an acceptable demand on her part, as well as demanding that you place the room in the same condition as it was when you moved in... However demanding you place the furniture back in is NOT a valid demand, and you are NOT legally required to do that...

You also have the right to remain in the room for the entire month that you ahve paid, since you already paid for the room. She is trying to "double-dip" by having you move out and someone else move in. She is NOT losing any money because you've already paid for it!

Your best thing to do is give her a WRITTEN notice sent via CRRR of your next forwarding address. This sets a timeclock as to how long she can hold your deposit. One day over and you are entitled to 100% plus more (depending on the state) of the security deposit in small claims course... When you move out, take pictures of the entire room to show the condition of the room when you move out... LL/subletters are notorious for showing "damages" that a tenant did to a unit in court... Make sure the photos are time/date-printed...
 

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